Under the Texas DTPA, a consumer who prevails in a deceptive trade practices claim is entitled to recover various forms of relief. Which of the following is NOT available as a DTPA remedy?
Correct Answer
A) Punitive damages as determined by a jury without any statutory limitation
The DTPA does not provide for separate punitive damages determined by a jury without limitation. Instead, the DTPA has its own statutory damages scheme: up to three times actual damages for knowing conduct and mental anguish damages for knowing or intentional conduct. The DTPA's treble damages provision replaces common law punitive damages for DTPA claims.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.
Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.
Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.
More Tx Fair Housing Dtpa Questions
A homebuyer in Houston files a DTPA claim against a seller who failed to disclose known termite damage. The seller's attorney argues that the DTPA does not apply because the transaction involved real property, not "goods or services." Under Texas law, is this defense valid?
A homeowner in Plano files a fair housing complaint with the Texas Workforce Commission alleging housing discrimination. Under Texas law, within what timeframe must the complaint be filed after the alleged discriminatory act?
A developer in Houston builds a new 24-unit apartment complex with an elevator in 2025. Under the Fair Housing Act's design and construction requirements as enforced by HUD in Texas, which of the seven accessibility standards requires that reinforcements be installed in bathroom walls?
A Texas property manager receives a request from a tenant with a mobility disability to install a wheelchair ramp at the unit entrance. The property is a federally funded housing development. Under Section 504 of the Rehabilitation Act, who pays for the modification?
A property manager in San Antonio implements a blanket policy requiring all applicants to have a credit score above 750 to qualify for rental housing. Data shows this policy disproportionately excludes African American and Hispanic applicants. Under the Texas Fair Housing Act, what type of discrimination claim could be brought?
- → A real estate license holder in Dallas shows properties only in certain neighborhoods to a Hispanic buyer, steering them away from predominantly white areas. The buyer suspects discrimination. Which Texas agency would handle the initial complaint?
- → A Texas apartment complex built in 1993 with four or more units has common areas that are not accessible to persons using wheelchairs. The building was constructed with no elevator, and all units are on the second and third floors. A disabled prospective tenant files a complaint. Under the Fair Housing Act's design and construction requirements as enforced in Texas, which of the following is MOST accurate?
- → A tenant with a psychiatric disability in a Texas apartment requests an emotional support animal. The property manager asks for documentation. Under HUD guidance (FHEO Notice 2020-01), what type of documentation may the property manager request?
- → A Texas homeowner who owns three single-family homes sells one of them without using a real estate license holder or discriminatory advertising. The homeowner has not sold any other property in the past 24 months. Under the federal Fair Housing Act, is this sale exempt from fair housing requirements?
- → Before filing a DTPA lawsuit against a home seller in Texas, a buyer's attorney must comply with a specific pre-suit requirement. Which of the following correctly describes this requirement?
- → A landlord in Houston refuses to rent an apartment to a family because they have two children under the age of 10. The tenants file a complaint. Under the Texas Fair Housing Act, which protected class has been violated?
- → A Texas license holder is reviewing fair housing law with a new sales agent. The license holder explains the seven federal protected classes. Which of the following is NOT a protected class under the federal Fair Housing Act as enforced in Texas?
- → A Texas real estate office is located on the ground floor of a commercial building. A prospective client who uses a wheelchair cannot enter the office because of a four-inch step at the entrance. Under the ADA, what must the real estate brokerage do?
- → Under the Texas Fair Housing Act and federal law, a landlord must make reasonable accommodations for tenants with disabilities. Which of the following would NOT be considered a reasonable accommodation?
- → A deaf tenant in a Texas apartment complex requests that the property manager communicate all important notices via email or text message rather than solely by phone calls. Under the Fair Housing Act as enforced through HUD in Texas, how should the property manager respond?
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Previous Question
A real estate license holder in Plano advertises that a property is located within a top-rated school district when the property is actually in a lower-rated adjacent district. A buyer purchases the property based on this representation. Under the DTPA laundry list, which specific deceptive practice has occurred?
Next Question
A seller in El Paso receives a 60-day DTPA demand letter from a buyer alleging a failure to disclose a known roof leak. The seller wants to resolve the matter without going to court. Under the DTPA, what may the seller do during the 60-day notice period?